Courts Commons^™

Rehearing And The Crowded Docket In The Kentucky Court Of Appeals, Robert G. Zweigart

Kentucky Law Journal

No abstract provided.

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Presumptions: Phenomena On The Periphery, E. F. Roberts

Cornell Law Faculty Publications

In examining the law of evidence relative to the functions served by the device called “rebuttable presumption,” two classes of cases constantly tantalize the analyst and irritate the purist. The first concerns those instances where courts which regularly pay homage at the altar of Thayer suddenly and inexplicably send the question whether a presumption has been rebutted to the trier of fact. The second involves those courts which insist that, while the presumption mechanism does not shift the risk of non-persuasion to the opponent, the question whether the presumption has been rebutted always and quite properly ought to be decided …

Attachment And Garnishment In The Federal Courts, Brainerd Currie

Michigan Law Review

Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

Miscellaneous—Literal Words Of Statute Binding Where No Ambiguity, Buffalo Law Review

Buffalo Law Review

Bright Homes, Inc. v. Wright, 8 N.Y.2d 157, 203 N.Y.S.2d 67 (1960).

The Court Of Appeals, 1959 Term Table Of Opinions, Buffalo Law Review

Buffalo Law Review

No abstract provided.

Standing Requirements For Obtaining Review Of Governmental Action In Washington, Cornelius J. Peck

Washington Law Review

A discussion of the requirements for obtaining review of governmental action might quickly degenerate into a sterile exercise in classification and distinction of the various situations in which challenges to governmental action were permitted or denied. The situations in which a person's interests, privileges, or rights have been sufficiently involved to confer upon him the standing to obtain review are many and varied. Certainly the Washington cases, which draw distinctions, later to be repudiated or ignored, between state action and municipal action and between expenditure of funds and control of property, as well as the various pertinent statutory provisions, offer …

Mr. Justice Rutledge, Fred M. Vinson

Indiana Law Journal

No abstract provided.

In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

Some Observations On The Law And The Nature Of The Judicial Process, Robert C. Finley

Washington Law Review

My purpose in mentioning some of these developments is to point out and to emphasize that the most constructive changes have occurred (1) in the field of procedural law, and (2) in judicial administration. The latter term of course largely refers to methods or mechanics for expediting and handling the business of the courts. The one significant area wherein we have lagged the most is in the field of substantive law evaluation, revision, and improvement.

Book Review Of The People And The Court, Neil W. Schilke

William & Mary Law Review

No abstract provided.

Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe

Michigan Law Review

Petitioner instituted this action before the Tax Court for a review of rulings by the Commissioner of Internal Revenue determining deficiencies in the payment of his income taxes. The Tax Court held that it was not subject to the Administrative Procedure Act and had no means whatever of bringing before it the entire record, so called, that was before the Commissioner. On appeal, held, affirmed. Judicial review of the "whole record" mentioned in section 10 (e) of the Administrative Procedure Act envisages, in the case of adjudication, a review of the record made in cases governed by sections 5, …

Volume 27 (1959-1960)

Tennessee Law Review

No abstract provided.

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

Publications

No abstract provided.

Conflict Of Laws--1959 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There have been several developments during the year regarding jurisdiction over nonresidents.

In 1947 the legislature passed a statute requiring "any unincorporated association or organization, whether resident or nonresident," which was doing or desiring to do business in the state to appoint an agent for the service of process and providing that in case of failure to appoint the agent, service might be had on the Secretary of State.' The constitutionality of this act, as applied to foreign associations has since been upheld. A current amendment to the section has added the words "including non-resident partnerships" at the end of …

The Supreme Court And The Decline Of State Power, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Review Of Powers Of Single Judge Under Three-Judge Acts

Washington and Lee Law Review

No abstract provided.

Right To Jury Trial In Washington—Present And Future, Philip A. Trautman

Washington Law Review

A perennial problem confronting the attorney preparing for trial is whether his client has a right to a jury. In many, probably most, instances a trial to the court will be desired by all parties concerned. This may be because of the fear of prejudice on the part of a jury, or the desire for a more speedy trial before the judge, or the object of cutting expenses, or any of the other innumerable factors to be weighed in determining whether judge or jury is best for one's particular case. In other instances the sole question at issue will be …

An Experiment In Practical Legal Education - Visits To An Appellate Court, Robert A. Kessler

Journal of Legal Education

No abstract provided.

Court Supervision Of The Administration Of Estates And Guardianships, Philip H. Austin

Washington Law Review

In June 1958 The Probate Committee of the King County Superior Court, under the chairmanship of Judge Eugene A. Wright, initiated an experiment in court supervision of probate administration. The primary purpose of the program is to insure that persons serving as personal representatives of the estates of decedents, or as guardians of the estates of minors and incompetent persons, are properly and expeditiously performing the duties of their offices, as prescribed by law. The writer of this Comment, a third-year law student at the University of Washington, was employed on a part-time basis to work for the committee on …

An Introduction To The Study Of Presumptions, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood

Michigan Law Review

Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …